(a) Definitions. As used in this section, the following definitions
shall apply:
(1) "Newspaper" shall mean a paper that is printed and distributed
ordinarily not less frequently than once a week, and has done so for at
least one year, and that contains news, articles of opinion (as
editorials), features, advertising, or other matter regarded as of
current interest, has a paid circulation and has been entered at United
States post-office as second-class matter.
(2) "Magazine" shall mean a publication containing news which is
published and distributed periodically, and has done so for at least one
year, has a paid circulation and has been entered at a United States
post-office as second-class matter.
(3) "News agency" shall mean a commercial organization that collects
and supplies news to subscribing newspapers, magazines, periodicals and
news broadcasters.
(4) "Press association" shall mean an association of newspapers and/or
magazines formed to gather and distribute news to its members.
(5) "Wire service" shall mean a news agency that sends out syndicated
news copy by wire to subscribing newspapers, magazines, periodicals or
news broadcasters.
(6) "Professional journalist" shall mean one who, for gain or
livelihood, is engaged in gathering, preparing, collecting, writing,
editing, filming, taping or photographing of news intended for a
newspaper, magazine, news agency, press association or wire service or
other professional medium or agency which has as one of its regular
functions the processing and researching of news intended for
dissemination to the public; such person shall be someone performing
said function either as a regular employee or as one otherwise
professionally affiliated for gain or livelihood with such medium of
communication.
(7) "Newscaster" shall mean a person who, for gain or livelihood, is
engaged in analyzing, commenting on or broadcasting, news by radio or
television transmission.
(8) "News" shall mean written, oral, pictorial, photographic, or
electronically recorded information or communication concerning local,
national or worldwide events or other matters of public concern or
public interest or affecting the public welfare.
(b) Exemption of professional journalists and newscasters from
contempt: Absolute protection for confidential news. Notwithstanding
the provisions of any general or specific law to the contrary, no
professional journalist or newscaster presently or having previously
been employed or otherwise associated with any newspaper, magazine, news
agency, press association, wire service, radio or television
transmission station or network or other professional medium of
communicating news or information to the public shall be adjudged in
contempt by any court in connection with any civil or criminal
proceeding, or by the legislature or other body having contempt powers,
nor shall a grand jury seek to have a journalist or newscaster held in
contempt by any court, legislature or other body having contempt powers
for refusing or failing to disclose any news obtained or received in
confidence or the identity of the source of any such news coming into
such person's possession in the course of gathering or obtaining news
for publication or to be published in a newspaper, magazine, or for
broadcast by a radio or television transmission station or network or
for public dissemination by any other professional medium or agency
which has as one of its main functions the dissemination of news to the
public, by which such person is professionally employed or otherwise
associated in a news gathering capacity notwithstanding that the
material or identity of a source of such material or related material
gathered by a person described above performing a function described
above is or is not highly relevant to a particular inquiry of government
and notwithstanding that the information was not solicited by the
journalist or newscaster prior to disclosure to such person.
(c) Exemption of professional journalists and newscasters from
contempt: Qualified protection for nonconfidential news.
Notwithstanding the provisions of any general or specific law to the
contrary, no professional journalist or newscaster presently or having
previously been employed or otherwise associated with any newspaper,
magazine, news agency, press association, wire service, radio or
television transmission station or network or other professional medium
of communicating news to the public shall be adjudged in contempt by any
court in connection with any civil or criminal proceeding, or by the
legislature or other body having contempt powers, nor shall a grand jury
seek to have a journalist or newscaster held in contempt by any court,
legislature, or other body having contempt powers for refusing or
failing to disclose any unpublished news obtained or prepared by a
journalist or newscaster in the course of gathering or obtaining news as
provided in subdivision (b) of this section, or the source of any such
news, where such news was not obtained or received in confidence, unless
the party seeking such news has made a clear and specific showing that
the news: (i) is highly material and relevant; (ii) is critical or
necessary to the maintenance of a party's claim, defense or proof of an
issue material thereto; and (iii) is not obtainable from any alternative
source. A court shall order disclosure only of such portion, or
portions, of the news sought as to which the above-described showing has
been made and shall support such order with clear and specific findings
made after a hearing. The provisions of this subdivision shall not
affect the availability, under appropriate circumstances, of sanctions
under section thirty-one hundred twenty-six of the civil practice law
and rules.
(d) Any information obtained in violation of the provisions of this
section shall be inadmissible in any action or proceeding or hearing
before any agency.
(e) No fine or imprisonment may be imposed against a person for any
refusal to disclose information privileged by the provisions of this
section.
(f) The privilege contained within this section shall apply to
supervisory or employer third person or organization having authority
over the person described in this section.
(g) Notwithstanding the provisions of this section, a person entitled
to claim the exemption provided under subdivision (b) or (c) of this
section waives such exemption if such person voluntarily discloses or
consents to disclosure of the specific information sought to be
disclosed to any person not otherwise entitled to claim the exemptions
provided by this section.